The reserve components of the armed forces are:

Transcription

1 TITLE 10 - ARMED FORCES Subtitle E - Reserve Components PART I - ORGANIZATION AND ADMINISTRATION CHAPTER RESERVE COMPONENTS GENERALLY Reserve components named The reserve components of the armed forces are: (1) The Army National Guard of the United States. (2) The Army Reserve. (3) The Navy Reserve. (4) The Marine Corps Reserve. (5) The Air National Guard of the United States. (6) The Air Force Reserve. (7) The Coast Guard Reserve. (Added Pub. L , div. A, title XVI, 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970; amended Pub. L , div. A, title V, 515(b)(1)(Z), Jan. 6, 2006, 119 Stat ) Prior Provisions Provisions similar to those in this section were contained in section 261 (a) of this title, prior to repeal by Pub. L , 1661(a)(2)(A). Amendments 2006 Par. (3). Pub. L substituted Navy Reserve for Naval Reserve. Change of Name Pub. L , div. A, title V, 515(a)(1), Jan. 6, 2006, 119 Stat. 3233, provided that: The reserve component of the Armed Forces known as the Naval Reserve is redesignated as the Navy Reserve. Pub. L , div. A, title V, 515(h), Jan. 6, 2006, 119 Stat. 3237, as amended by Pub. L , div. A, title X, 1075(h)(1), Jan. 7, 2011, 124 Stat. 4377, provided that: Any reference in any law, regulation, document, record, or other paper of the United States to the Naval Reserve, other than a reference to the Naval Reserve regarding the United States Naval Reserve Retired List, shall be considered to be a reference to the Navy Reserve. Pub. L , div. A, title V, 517, Oct. 28, 2004, 118 Stat. 1884, which authorized the Secretary of the Navy, with the President s approval, to redesignate the Naval Reserve as the Navy Reserve, was repealed by Pub. L , div. A, title V, 515(a)(2), Jan. 6, 2006, 119 Stat Effective Date Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L , set out as a note under section of this title. Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Behavioral Health Support Pub. L , div. A, title VII, 703(b), Dec. 31, 2011, 125 Stat. 1471, provided that: (1) In general. Each member of a reserve component of the Armed Forces participating in annual training or individual duty training shall have access, while so participating, to the behavioral health support programs for members of the reserve components described in paragraph (2)

2 (2) Behavioral health support programs. The behavioral health support programs for members of the reserve components described in this paragraph shall include one or any combination of the following: (A) Programs providing access to licensed mental health providers in armories, reserve centers, or other places for scheduled unit training assemblies. (B) Programs providing training on suicide prevention and post-suicide response. (C) Psychological health programs. (D) Such other programs as the Secretary of Defense, in consultation with the Surgeon General for the National Guard of the State in which the members concerned reside, the Director of Psychological Health of the State in which the members concerned reside, the Department of Mental Health or the equivalent agency of the State in which the members concerned reside, or the Director of the Psychological Health Program of the National Guard Bureau, considers appropriate. (3) Funding. Behavioral health support programs provided to members of the reserve components under this subsection shall be provided using amounts made available for operation and maintenance for the reserve components. (4) State defined. In this subsection, the term State has the meaning given that term in section of title 10, United States Code. Limitation on Scheduling of Mobilization or Pre-Mobilization Training for Reserve Units When Certain Suspension of Training is Likely Pub. L , div. A, title V, 514, Oct. 28, 2009, 123 Stat. 2282, provided that: (a) Limitation. (1) In general. Subject to paragraph (2), the Secretary of a military department shall avoid scheduling mobilization training or pre-mobilization training for a unit of a reserve component of the Armed Forces at a temporary duty location that is outside the normal commuting distance of the unit (as determined pursuant to the regulations prescribed by the Secretary of Defense under subsection (c)) if a suspension of training at such temporary duty location of at least five days is anticipated to occur during any portion of such mobilization or pre-mobilization training. (2) Waiver. The Secretary of a military department may waive the applicability of the limitation in paragraph (1) to a unit of a reserve component if the Secretary determines that the waiver is in the national security interests of the United States. (3) Notice to congress. Until December 31, 2014, the Secretary of the military department concerned shall submit written notice of each waiver issued under paragraph (2) to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. Notice of such waiver shall be so submitted at the time of the issuance of such waiver. (b) Notice of Other Suspensions of Training. Until December 31, 2014, in the event of a suspension of training (other than an anticipated suspension of training described in subsection (a)(1)) of at least five days at a temporary duty location at which one or more units of the reserve components on active duty are engaged in mobilization training or pre-mobilization training, the Secretary of the military department having jurisdiction over such unit or units shall submit written notice of the suspension to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. Notice of such suspension of training shall be so submitted at the time of such suspension of training. (c) Regulations. The Secretaries of the military departments shall administer this section in accordance with regulations prescribed by the Secretary of Defense. Such regulations shall apply uniformly among the military departments. Yellow Ribbon Reintegration Program Pub. L , div. A, title V, 597(b), Oct. 28, 2009, 123 Stat. 2344, provided that: The annual reports on the Yellow Ribbon Reintegration Program under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law ; 122 Stat. 122; 10 U.S.C note ) that are submitted under subsection (e)(4) of such section after the date of the enactment of this Act [Oct. 28, 2009] shall include the following: (1) In the first such annual report submitted after the date of the enactment of this Act (A) a description and assessment of the implementation of the Yellow Ribbon Reintegration Program in fiscal year 2009, including (i) an assessment of best practices from pilot programs offered by various States to provide services to supplement the services available through the Yellow Ribbon Reintegration Program; and - 2 -

3 (ii) an assessment of the feasibility of incorporating such practices into the Yellow Ribbon Reintegration Program; and (B) current plans for the further implementation of the Yellow Ribbon Reintegration Program during fiscal year (2) A list of the accounts (including accounts of the military departments and accounts for the Office of the Secretary of Defense) from which funds for the Yellow Ribbon Reintegration Program were derived during the most recent fiscal year, and an explanation why such accounts were the source of funding for programs and activities under the Yellow Ribbon Reintegration Program. (3) An assessment of the extent to which funding for the Yellow Ribbon Reintegration Program during the most recent fiscal year supported robust joint programs that provided reintegration and support services to members of the National Guard and Reserves and their families regardless of Armed Force with which served. (4) An assessment of the extent to which programs and activities under the Yellow Ribbon Reintegration Program during the preceding year were coordinating closely with appropriate programs and activities of the Department of Veterans Affairs. (5) A description of current strategies to mitigate difficulties in sustaining attendance at events under the Yellow Ribbon Reintegration Program, and an explanation why funds, if any, that are available for the Yellow Ribbon Reintegration Program but remain unexpended have not been used for the Yellow Ribbon Reintegration Program. Pub. L , div. A, title V, 582, Jan. 28, 2008, 122 Stat. 122, as amended by Pub. L , div. A, title V, 595, Oct. 28, 2009, 123 Stat. 2338; Pub. L , div. A, title V, 583, Jan. 7, 2011, 124 Stat. 4228; Pub. L , div. A, title V, 590, Dec. 31, 2011, 125 Stat. 1438, provided that: (a) Establishment of Program. The Secretary of Defense shall establish a national combat veteran reintegration program to provide National Guard and Reserve members and their families with sufficient information, services, referral, and proactive outreach opportunities throughout the entire deployment cycle. This program shall be known as the Yellow Ribbon Reintegration Program. (b) Purpose of Program; Deployment Cycle. The Yellow Ribbon Reintegration Program shall consist of informational events and activities (including programs of outreach) for members of the reserve components of the Armed Forces, their families, and community members to facilitate access to services supporting their health and well-being through the 4 phases of the deployment cycle: (1) Pre-Deployment. (2) Deployment. (3) Demobilization. (4) Post-Deployment-Reconstitution. (c) Executive Agent. The Secretary shall designate the Under Secretary of Defense for Personnel and Readiness as the Department of Defense executive agent for the Yellow Ribbon Reintegration Program. (d) Office for Reintegration Programs. (1) Establishment. (A) In general. The Under Secretary of Defense for Personnel and Readiness shall establish the Office for Reintegration Programs within the Office of the Secretary of Defense. The office shall administer all reintegration programs in coordination with State National Guard organizations. The office shall be responsible for coordination with existing National Guard and Reserve family and support programs. The Directors of the Army National Guard and Air National Guard and the Chiefs of the Army Reserve, Marine Corps Reserve, Navy Reserve, and Air Force Reserve may appoint liaison officers to coordinate with the permanent office staff. (B) Partnerships and access. The office may enter into partnerships with other public entities, including the Department of Health and Human Services, Substance Abuse and the Mental Health Services Administration and the Department of Veterans Affairs, for access to necessary substance abuse and mental health treatment services from local State-licensed service providers. Service and State-based programs may provide access to curriculum, training, and support for services to members and families from all components. (2) Center for excellence in reintegration. The Office for Reintegration Programs shall establish a Center for Excellence in Reintegration within the office. The Center shall have the following functions: (A) To collect and analyze lessons learned and suggestions from State National Guard and Reserve organizations with existing or developing reintegration programs. (B) To assist in developing training aids and briefing materials and training representatives from State National Guard and Reserve organizations

4 (C) To develop and implement a process for evaluating the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members of the Armed Forces and their families throughout the deployment cycle described in subsection (g). (D) To develop and implement a process for identifying best practices in the delivery of information and services in programs of outreach as described in subsection (j). (e) Advisory Board. (1) Appointment. The Secretary of Defense shall appoint an advisory board to analyze the Yellow Ribbon Reintegration Program and report on areas of success and areas for necessary improvements. The advisory board shall include the Director of the Army National Guard, the Director of the Air National Guard, Chiefs of the Army Reserve, Marine Corps Reserve, Navy Reserve, and Air Force Reserve, the Assistant Secretary of Defense for Reserve Affairs, an Adjutant General on a rotational basis as determined by the Chief of the National Guard Bureau, and any other Department of Defense, Federal Government agency, or outside organization as determined by the Secretary of Defense. The members of the advisory board may designate representatives in their stead. (2) Schedule. The advisory board shall meet on a schedule determined by the Secretary of Defense. (3) Initial reporting requirement. The advisory board shall issue internal reports as necessary and shall submit an initial report to the Committees on Armed Services of the Senate and House of Representatives not later than 180 days after the end of the 1-year period beginning on the date of the establishment of the Office for Reintegration Programs. The report shall contain (A) an evaluation of the implementation of the Yellow Ribbon Reintegration Program by State National Guard and Reserve organizations; (B) an assessment of any unmet resource requirements; and (C) recommendations regarding closer coordination between the Office of Reintegration Programs and State National Guard and Reserve organizations. (4) Annual reports. The advisory board shall submit annual reports to the Committees on Armed Services of the Senate and the House of Representatives following the initial report by the first week in March of subsequent years following the initial report. (f) State Deployment Cycle Support Teams. The Office for Reintegration Programs may employ personnel to administer the Yellow Ribbon Reintegration Program at the State level. The primary function of team members shall be (1) to implement the reintegration curriculum through the deployment cycle described in subsection (g); (2) to obtain necessary service providers; and (3) to educate service providers and community-based organizations regarding the unique military nature of the reintegration program. (g) Operation of Program Through Deployment Cycle. (1) In general. The Office for Reintegration Programs shall analyze the demographics, placement of State Family Assistance Centers and their resources before a mobilization alert is issued to affected State National Guard and Reserve organizations. The Office of Reintegration Programs shall consult with affected State National Guard and Reserve organizations following the issuance of a mobilization alert and implement the reintegration events in accordance with the Reintegration Program phase model. (2) Pre-deployment phase. The Pre-Deployment Phase shall constitute the time from first notification of mobilization until deployment of the mobilized National Guard or Reserve unit. Events and activities shall focus on providing education and ensuring the readiness of members of the unit, their families, and affected communities for the rigors of a combat deployment. (3) Deployment phase. The Deployment Phase shall constitute the period from deployment of the mobilized National Guard or Reserve unit until the unit arrives at a demobilization station inside the continental United States. Events and services provided shall focus on the challenges and stress associated with separation and having a member in a combat zone and to decrease the isolation of families during deployment. Information sessions shall utilize State National Guard and Reserve resources in coordination with the Employer Support of Guard and Reserve Office, Transition Assistance Advisors, and the State Family Programs Director. (4) Demobilization phase. (A) In general. The Demobilization Phase shall constitute the period from arrival of the National Guard or Reserve unit at the demobilization station until its departure for home station

5 (B) Initial reintegration activity. The purpose of this reintegration program is to educate members about the resources that are available to them and to connect members to service providers who can assist them in overcoming the challenges of reintegration. (5) Post-deployment-reconstitution phase. (A) In general. The Post-Deployment-Reconstitution Phase shall constitute the period from arrival at home station until 180 days following demobilization. Activities and services provided shall focus on reconnecting members with their families and communities, providing information on employment opportunities, and providing resources and information necessary for successful reintegration. Reintegration events shall begin with elements of the Initial Reintegration Activity program that were not completed during the Demobilization Phase. (B) 30-day, 60-day, and 90-day reintegration activities. The State National Guard and Reserve organizations shall hold reintegration activities at the 30-day, 60-day, and 90-day interval following demobilization. These activities shall focus on reconnecting members and their families with the service providers from the Initial Reintegration Activity to ensure that members and their families understand what benefits they are entitled to and what resources are available to help them overcome the challenges of reintegration. The Reintegration Activities shall also provide a forum for members and their families to address negative behaviors related to combat stress and transition. (C) Member pay. Members shall receive appropriate pay for days spent attending the Reintegration Activities at the 30-day, 60-day, and 90-day intervals. (h) Outreach Services. As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs may develop programs of outreach to members of the Armed Forces and their family members to educate such members and their family members about the assistance and services available to them under the Yellow Ribbon Reintegration Program. Such assistance and services may include the following: (1) Marriage counseling. (2) Services for children. (3) Substance abuse awareness and treatment. (4) Mental health awareness and treatment. (5) Financial counseling. (6) Anger management counseling. (7) Domestic violence awareness and prevention. (8) Employment assistance. (9) Preparing and updating family care plans. (10) Development of strategies for living with a member of the Armed Forces with post-traumatic stress disorder or traumatic brain injury. (11) Other services that may be appropriate to address the unique needs of members of the Armed Forces and their families who live in rural or remote areas with respect to family readiness and servicemember reintegration. (12) Assisting members of the Armed Forces and their families find and receive assistance with military family readiness and servicemember reintegration, including referral services. (13) Development of strategies and programs that recognize the need for long-term follow-up services for reintegrating members of the Armed Forces and their families for extended periods following deployments, including between deployments. (14) Assisting members of the Armed Forces and their families in receiving services and assistance from the Department of Veterans Affairs, including referral services. (15) Resiliency training to promote comprehensive programs for members of the Armed Forces to build mental and emotional resiliency for successfully meeting the demands of the deployment cycle. (i) Suicide Prevention and Community Healing and Response Program. (1) Establishment. As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs shall establish a program to provide National Guard and Reserve members and their families, and in coordination with community programs, assist the communities, with training in suicide prevention and community healing and response to suicide. (2) Design. In establishing the program under paragraph (1), the Office for Reintegration Programs shall consult with - 5 -

6 (A) persons that have experience and expertise with combining military and civilian intervention strategies that reduce risk and promote healing after a suicide attempt or suicide death for National Guard and Reserve members; and (B) the adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (3) Operation. (A) Suicide prevention training. The Office for Reintegration Programs shall provide National Guard and Reserve members with training in suicide prevention. Such training shall include (i) describing the warning signs for suicide and teaching effective strategies for prevention and intervention; (ii) examining the influence of military culture on risk and protective factors for suicide; and (iii) engaging in interactive case scenarios and role plays to practice effective intervention strategies. (B) Community healing and response training. The Office for Reintegration Programs shall provide the families and communities of National Guard and Reserve members with training in responses to suicide that promote individual and community healing. Such training shall include (i) enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide; (ii) communicating best practices for preventing suicide, including safe messaging, appropriate memorial services, and media guidelines; (iii) addressing the impact of suicide on the military and the larger community, and the increased risk that can result; and (iv) managing resources to assist key community and military service providers in helping the families, friends, and fellow soldiers of a suicide victim through the processes of grieving and healing. (C) Collaboration with centers of excellence. The Office for Reintegration Programs, in consultation with the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, shall collect and analyze lessons learned and suggestions from State National Guard and Reserve organizations with existing or developing suicide prevention and community response programs. (4) Termination. The program established under this subsection shall terminate on October 1, (j) State-led Programs of Outreach. The Office for Reintegration Programs may work with the States, whether acting through or in coordination with their National Guard and Reserve organizations, to assist the States and such organizations in developing and carrying out programs of outreach for members of the Armed Forces and their families to inform and educate them on the assistance and services available to them under the Yellow Ribbon Reintegration Program, including the assistance and services described in subsection (h). (k) Scope of Activities Under Programs of Outreach. For purposes of this section, the activities and services provided under programs of outreach may include personalized and substantive care coordination services targeted specifically to individual members of the Armed Forces and their families. Pilot Program on Enhanced Quality of Life for Members of the Army Reserve and Their Families Pub. L , div. A, title V, 520, Jan. 6, 2006, 119 Stat. 3238, provided that: (a) Pilot Program Required. (1) In general. The Secretary of the Army shall carry out a pilot program to assess the feasibility and advisability of using a coalition of military and civilian community personnel in order to enhance the quality of life for members of the Army Reserve and their families. (2) Locations. The Secretary shall carry out the pilot program in areas of the United States in which members of the Army Reserve and their families are concentrated. The Secretary shall select one area in two States for purposes of the pilot program. (b) Participating Personnel. A coalition of personnel under the pilot program shall include (1) military personnel; and (2) appropriate members of the civilian community, such as clinicians and teachers, who volunteer for participation in the coalition

7 (c) Report. Not later than April 1, 2007, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program carried out under this section. The report shall include (1) a description of the pilot program; (2) an assessment of the benefits of using a coalition of military and civilian community personnel in order to enhance the quality of life for members of the Army Reserve and their families; and (3) such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program. Annual Review Pub. L , div. A, title V, 513(h), Oct. 28, 2004, 118 Stat. 1882, provided that: (1) The Secretary of Defense shall annually review the reserve components of the Armed Forces with regard to (A) the roles and missions of the reserve components; and (B) the compensation and other benefits, including health care benefits, that are provided for members of the reserve components under the laws of the United States. (2) The Secretary shall submit a report of the annual review, together with any comments and recommendations that the Secretary considers appropriate, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (3) The first review under paragraph (1) shall take place during fiscal year Pay of Administration, Training, and Supply Maintenance Technicians for Army Reserve Contingent Upon Reserve Status Pub. L , title VIII, 8016, Dec. 1, 1995, 109 Stat. 654, provided that none of the funds appropriated for Department of Defense during and after fiscal year 1996 were to be obligated for pay of any individual who was initially employed after Dec. 1, 1995, as technician in administration and training of Army Reserve and maintenance and repair of supplies issued to Army Reserve unless such individual was also military member of Army Reserve troop program unit that he or she was employed to support, prior to repeal by Pub. L , div. A, title V, 522(e), Nov. 18, 1997, 111 Stat Similar provisions were contained in the following prior appropriation acts: Pub. L , title VIII, 8015, Sept. 30, 1994, 108 Stat Pub. L , title VIII, 8016, Nov. 11, 1993, 107 Stat Pub. L , title IX, 9019, Oct. 6, 1992, 106 Stat Pub. L , title VIII, 8018, Nov. 26, 1991, 105 Stat Pub. L , title VIII, 8018, Nov. 5, 1990, 104 Stat Pub. L , title IX, 9027, Nov. 21, 1989, 103 Stat Pub. L , title VIII, 8045, Oct. 1, 1988, 102 Stat Pub. L , 101(b) [title VIII, 8055], Dec. 22, 1987, 101 Stat , Pub. L , 101(c) [title IX, 9054], Oct. 18, 1986, 100 Stat , , and Pub. L , 101(c) [title IX, 9054], Oct. 30, 1986, 100 Stat , Pub. L , 101(b) [title VIII, 8059], Dec. 19, 1985, 99 Stat. 1185, Pub. L , title I, 101(h) [title VIII, 8076], Oct. 12, 1984, 98 Stat. 1904, Pub. L , title VII, 783, Dec. 8, 1983, 97 Stat Retention in Active Status of National Guard or Reserve Technicians Until Age Sixty Pub. L , title VIII, 8017, Dec. 1, 1995, 109 Stat. 655, provided that: Notwithstanding any other provision of law, during the current fiscal year and hereafter, the Secretaries of the Army and Air Force may authorize the retention in an active status until age sixty of any person who would otherwise be removed from an active status and who is employed as a National Guard or Reserve technician in a position in which active status in a reserve component of the Army or Air Force is required as a condition of that employment

8 Similar provisions were contained in the following prior appropriation acts: Pub. L , title VIII, 8016, Sept. 30, 1994, 108 Stat Pub. L , title VIII, 8018, Nov. 11, 1993, 107 Stat Pub. L , title IX, 9022, Oct. 6, 1992, 106 Stat Pub. L , title VIII, 8022, Nov. 26, 1991, 105 Stat Pub. L , title VIII, 8022, Nov. 5, 1990, 104 Stat Pub. L , title IX, 9032, Nov. 21, 1989, 103 Stat Pub. L , title VIII, 8052, Oct. 1, 1988, 102 Stat Pub. L , 101(b) [title VIII, 8064], Dec. 22, 1987, 101 Stat , Pub. L , 101(c) [title IX, 9063], Oct. 18, 1986, 100 Stat , , and Pub. L , 101(c) [title IX, 9063], Oct. 30, 1986, 100 Stat , Pub. L , 101(b) [title VIII, 8073], Dec. 19, 1985, 99 Stat. 1185, Pub. L , title I, 101(h) [title VIII, 8106], Oct. 12, 1984, 98 Stat. 1904,